First Steps: Choosing a Business Name

choosing a business name 550

A major concern when selecting a business name or any form of branding is whether it qualifies for trade mark protection.  This is something many business owners do not consider when choosing a name for their company or product. 

Trade mark infringement can stop your business dead in its tracks.  It is important to get the right advice early in the process.

Is your business name already being used? Can it be trade marked?

Before deciding on a business name, make sure it can be trade marked and whether it conflicts with any existing trade mark/s.

It is important to confirm usability before proceeding with any brand development or use. Failing to do so could result in trade mark infringement, costing your company thousands of dollars in wasted branding and marketing that you can no longer legally use.

To help you avoid potential conflicts, Wynnes offer a free initial consultation, providing you with advice and options for protecting your trade marks. You can sit down with experienced patent and trade mark attorneys who will assist you in identifying your IP assets and understanding what can and cannot be protected.

Avoid being too generic or descriptive

Using a generic or descriptive name for your business name or product can be difficult to protect. You can still use generic terms, however you also want to use unique wording that makes your business easily distinguishable from your competitors. A simple way to do this is to include terms that aren’t common in your industry or make up new words/word combinations.

The following are examples of generic business names and how to improve them for trade mark protection:

cross red Coffee on Wheels tick orange QuickShot Coffee on Wheelz
cross red Brisbane Auto Mechanics tick orange Big Al’s Brisbane Auto Mechanic
cross red The Crusty Pie tick orange Rusty's Krusty Pie

Is the domain name available?

Domain names provide an internet identity for businesses and organiszsations. Your domain should be as simple and memorable as possible. If your preferred domain name is taken, you run the risk of your clients ending up at the wrong website.

For Australian businesses a “” domain will more than likely be your preferred domain (“” for New Zealand businesses). If that domain is already taken, you should look for alternatives, perhaps including the industry or service in the domain.

For example:

cross red is taken tick orange is available

Some other tips when selecting a business name:

  • Use words related to your products or service in a creative way.
  • Do not copy your competition.
  • Choose a name that can be scaled for expansion.
  • The name needs to sound good when it's said aloud.
  • Use a name that has meaning to your customers.

It is extremely important to consider trade mark protection before committing to a business name. However, it is never too late in the process to get the right advice.

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Take advantage of our Free Initial Consultation
Review your trade marks and identify your IP assets with zero obligation.

Please icon mail request a free consultation or call us on icon phone 07 3399 4625 today.

We also have a short attorney FAQ guide to assist you in preparing for the initial meeting and make it more valuable for you.  
Your first consultation is free of charge.


  • Glenn Knight - K-Valve

    "Ewen [Wynne] was super helpful.  Our first meeting was 2 hours long and he always said that if I had any questions that I could call him"

  • Belinda Scott and Crystal McGregor - Puctto

    “Ewen just made the process easy.  He explained things well and it wasn’t too complicated to understand”.

  • Peter Coman - InDesign Technologies

    "I felt so comfortable with Philipp and with the team at Wynnes, that I didn’t need or want to go anywhere else for IP advice and protection."

  • Andrew Fanning - Grydale

    "A friend of mine strongly recommended to see Ewen. As soon as I met with him and started discussing my idea, I knew that I was in capable hands."